Nagaland Post

Kudos to SC

April 17, 2019 | by admin

 It was an admittance of its inability to stand up to pressure from those in power, that the Election Commission of India did a U-turn when it told the Supreme Court that it had taken action against politicians who crossed the line by violating the Model Code of Conduct during the recent election campaigns. The EC has failed to exhibit fair and bold action in responding to violation of MCC. The Supreme Court had on April 8 issued notice to the Election Commission on a PIL seeking “strict action” against political parties for religion and caste-based remarks made by their spokespersons during the Lok Sabha polls. The ECI had submitted that it was “powerless” to act against those violating mode code of conduct during campaign. The ECI had pleaded that its power was very limited and that it could only issue notice and seek reply but cannot de-recognise a party or disqualify a candidate. However, the ECI did a U-turn and at the hearing on Tuesday, the Supreme Court expressed satisfaction of the action taken by Election Commission of India in passing orders against Yogi Adityanath and Mayawati on Monday, barring from campaign for 72 hours and 48 hours respectively, starting form 6 AM Tuesday. Yogi Adityanath was found to have referred Muslim League as ‘green virus’ and had made references to “Bajrang Bali” during an election speech. Mayawati was found to have communal appeal for votes to Muslim voters. This was followed by late night orders against Azam Khan and Maneka Gandhi, barring them from campaign for 72 hours and 48 hours respectively starting from 10 AM today. The action against Khan was based on his objectionable remarks against BJP candidate Jayapradha. Maneka Gandhi was found to have made communally polarising statements against Muslims. However, the ECI has still to respond to complaints against prime minister Modi filed by Congress on alleged violation of MCC. It was earlier pointed out during a hearing in the court, that the EC has ample powers under Article 324 of the Constitution to deal with hate speeches. The Congress has demanded a response from the Enforcement Directorate on the “cash for votes” scam that was busted in Arunachal Pradesh with the recovery of Rs 1.8 crore in cash from Chief Minister Pema Khandu’s convoy. The ED has not issued any notice nor has the ECI taken cognisance of the incident. On the other hand, the ED claimed its sleuths had recovered Rs 14.6 crore of “unaccounted” cash and seized diaries and computer files of suspect payments made between Madhya Pradesh and Delhi. These were allegedly linked with opposition politicians. Even in Tamil Nadu, raids continue against DMK politicians. All these have not gone down well with opposition parties who have accused the ECI and other central probe agencies of biasness and abuse of power to favour political interests of the ruling party at the Centre. The EC needs a better excuse than to suggest that it is helpless to act against anyone who violates the MCC. It has to first respond to complaints with a greater application of being free, fair and fearless. What complainants want is clear directions from the EC and not whether it has any power or not. In all these, the Supreme Court is the only institution left which is ensuring justice for all. 

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